« previous next »
Pages: [1]   Go Down

Author Topic: What constitutes a physical threat?  (Read 2072 times)

MikeBjerum

  • Top Forum Member
  • *****
  • Posts: 11007
  • DRTV Ranger
  • Liked:
  • Likes Given: 1175
What constitutes a physical threat?
« on: April 27, 2012, 03:19:21 PM »
http://newyork.cbslocal.com/2010/09/07/long-island-man-arrested-for-defending-home-with-ak-47/

Quote
“He starts threatening my family, my life. ‘Oh you’re dead. I’m gonna kill your family and your babies. You’re dead.’ So when he says that, 20 others guys come rushing around the corner. And so I fired four warning shots into the grass,” Grier said.

Quote
You may think a person has the right to defend their home. But the law says you can only use physical force to deter physical force. Grier said he never saw anyone pull out a gun, so a court would have to decide on firing the gun.

I am not a believer in warning shots, so what would have happened if it had been me and my family?
Logged
If I appear taller than other men it is because I am standing on the shoulders of others.

JC5123

  • Top Forum Member
  • *****
  • Posts: 2572
  • Fortune sides with him who dares.
  • Liked:
  • Likes Given: 0
Re: What constitutes a physical threat?
« Reply #1 on: April 27, 2012, 03:22:38 PM »
You may think a person has the right to defend their home. But the law says you can only use physical force to deter physical force. Grier said he never saw anyone pull out a gun, so a court would have to decide on firing the gun.

Telling me you are going to kill my family, and then 20 guys come rushing around the corner sounds like physical force to me. A mob is a deadly weapon by itself.
Logged
I am a member of my nation's chosen soldiery.
God grant that I may not be found wanting,
that I will not fail this sacred trust.

tombogan03884

  • Guest
Re: What constitutes a physical threat?
« Reply #2 on: April 27, 2012, 03:51:08 PM »
I could not find a link to a resolution in this case but I'm pretty sure he got a fine for discharging a fire arm in city limits and a lecture.
I believe the case was decided last winter.
Logged

philw

  • Top Forum Member
  • *****
  • Posts: 3680
  • Aussie Aussie Aussie, Oi Oi Oi
    • Australian Hunting Net
  • Liked:
  • Likes Given: 0
Re: What constitutes a physical threat?
« Reply #3 on: April 27, 2012, 08:25:39 PM »
Didn't this happen a while ago.  I though that NB mentioned it on a podcast or we have talked about this before on here


Sent from my iPad using Tapatalk HD
Logged
Here’s to the crazy ones. The misfits. The rebels. The troublemakers. The round pegs in the square holes. The ones who see things differently. They’re not fond of rules. And they have no respect for the status quo. You can praise them, disagree with them, quote them, disbelieve them, glorify or vilify them. The only thing you can’t do is ignore them

Timothy

  • Guest
Re: What constitutes a physical threat?
« Reply #4 on: April 27, 2012, 08:38:21 PM »
Quote from: tombogan03884 on April 27, 2012, 03:51:08 PM
I could not find a link to a resolution in this case but I'm pretty sure he got a fine for discharging a fire arm in city limits and a lecture.
I believe the case was decided last winter.

I think you're referencing a local case in NH where the guy saw someone climbing in a window and discharged his firearm in a warning shot.  He was exonerated...
Logged

Sponsor

  • Guest
Re: What constitutes a physical threat?
« Reply #5 on: Today at 01:27:06 PM »
Logged

MikeBjerum

  • Top Forum Member
  • *****
  • Posts: 11007
  • DRTV Ranger
  • Liked:
  • Likes Given: 1175
Re: What constitutes a physical threat?
« Reply #5 on: April 27, 2012, 08:55:31 PM »
It is a year and a half old, but I do not recall talking about it.  However, if we have Mr. Bogan will find it  ;)

I could not find anything concerning the outcome, which leads me to believe he was not charged or punished.  Had they even fined him it would have been all over the place.

Of the many things I am exposed to during a given week, I thought this was a good one to view.  After all, physical force can be considered deadly whether we are the victim or the defender.  Also, this would be a good one to view through the lens of  "Stand Your Ground" laws.  He was handled as having used force, and the law would then come into play as a defense as the system worked - That is the way it is intended, as opposed to how the anti's believe.
Logged
If I appear taller than other men it is because I am standing on the shoulders of others.

tombogan03884

  • Guest
Re: What constitutes a physical threat?
« Reply #6 on: April 27, 2012, 09:56:53 PM »
Logged

twyacht

  • "Cogito, ergo armatum sum."
  • Top Forum Member
  • *****
  • Posts: 10419
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
Re: What constitutes a physical threat?
« Reply #7 on: April 28, 2012, 07:28:32 AM »
http://www.downrange.tv/forum/index.php?topic=13959.0

Yep, I thought it sounded familiar....

Logged
Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.
Pages: [1]   Go Up
« previous next »
 

SMF spam blocked by CleanTalk